The Good Faith Exception to the Exclusionary Rule: Leon and Sheppard in Context

Criminal Justice Journal, Vol. 7, 1984

21 Pages Posted: 24 Aug 2006

Abstract

After over one decade of dissatisfaction with the exclusionary rule (which requires in certain instances the suppression of trustworthy but illegally obtained evidence) this term on July 5, 1984, the United States Supreme Court modified the rule with a good faith exception. The purport of this article is to explain and analyze this major modification.

In order best to achieve that goal a brief history of the exclusionary rule, itself; will first be set out. This will be followed by the Supreme Court's recent modifications and attempts at modification. From the above context it will be clear the two choices the court had, a broad or narrow exception. Such choices will be explained. Explication of the new exception will then be set out, and this will be followed by an analysis.

Suggested Citation

Miller, Jeremy M., The Good Faith Exception to the Exclusionary Rule: Leon and Sheppard in Context. Criminal Justice Journal, Vol. 7, 1984. Available at SSRN: https://ssrn.com/abstract=926189

Jeremy M. Miller (Contact Author)

affiliation not provided to SSRN

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